Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-4-113.5 Delegation of duties
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The commissioner, at the commissioner's discretion, may delegate the commissioner's authority to an employee to execute this article 4. Source: L. 85: Entire section added, p. 1135, � 12, effective May 16. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 94, � 12, effect…
Colo. Rev. Stat. § 35-4-114 Penalties
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Except for sections 35-4-107 and 35-4-110.5, any person who violates any of the provisions of this article 4 commits a civil infraction. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which such violation is alle…
Colo. Rev. Stat. § 35-4-114.5 Civil penalties
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(1) Any person who violates any provision of this article or any rule or quarantine declared pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation. (2) No civil penalty ma…
Colo. Rev. Stat. § 35-4-115 Reports. (Repealed)
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Source: L. 37: p. 650, � 19. CSA: C. 80, � 61. CRS 53: � 6-10-15. C.R.S. 1963: � 6-10-15. L. 78: Entire section repealed, p. 460, � 11, effective April 27.
Colo. Rev. Stat. § 35-4-116 Rules
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The commissioner may adopt such rules as the commissioner deems necessary for the administration and enforcement of this article 4. The rules shall be adopted in accordance with article 4 of title 24. Source: L. 85: Entire section added, p. 1135, � 14, effective May 16. L. 2025: …
Colo. Rev. Stat. § 35-4-117 County pest inspectors - weed and rodent control
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Subject to the direction of the board of county commissioners, a county pest inspector may exercise the powers and duties granted to, and perform the duties of, a county in accordance with articles 5.5 and 7 of this title. Source: L. 2013: Entire section added, (HB 13-1250), ch. …
Colo. Rev. Stat. § 35-4-118 Voluntary agreements to provide pest services
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The commissioner may enter into an agreement with any person to or local government to provide pest control services, including eradication or treatment, authorized by this article 4. The department may provide pest control services directly or through a local government and may …
Colo. Rev. Stat. § 35-4-119 Joint phytosanitary program
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The commissioner may work cooperatively with the United States secretary of agriculture, or the secretary's designee, to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated no…
Colo. Rev. Stat. § 35-4-120 Quarantine of nonregulated pests
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The commissioner may quarantine a regulated article if the regulated article may harbor a regulated pest that has an economically unacceptable impact, as determined by the commissioner, and if the measures to control the pest may achieve an acceptable level of official control. S…
Colo. Rev. Stat. § 35-4-121 Emergency control and eradication of invasive pests
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(1) If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pe…
Colo. Rev. Stat. § 35-5-101 Definitions
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As used in this article 5, unless the context otherwise requires: (1) APHIS means the United States department of agriculture animal and plant health inspection, plant protection, and quarantine programs. (1.5) Commissioner means the commissioner of agriculture. (2) County includ…
Colo. Rev. Stat. § 35-5-102 Duty to control weeds
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It is the duty of all persons owning land or any interest therein in the district, the department of transportation, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those perso…
Colo. Rev. Stat. § 35-5-103 Methods of control - rules and regulations
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The commissioner is empowered to designate the methods to be used for the control or eradication of the various noxious weeds, insect pests, and plant diseases and to publish such methods and make and publish such reasonable rules and regulations as are proper and necessary to ca…
Colo. Rev. Stat. § 35-5-104 Pest control district - procedure to establish
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(1) Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as described in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the coun…
Colo. Rev. Stat. § 35-5-105 Advisory committee
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After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board …
Colo. Rev. Stat. § 35-5-106 County pest inspector, deputies, and employees
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The board of county commissioners of a county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. The inspector shall carry out the inspector's duties as provided in this article 5 under …
Colo. Rev. Stat. § 35-5-107 Duties of pest inspector
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(1) The inspector shall cooperate with the commissioner in locating infestations of noxious weeds, insect pests, or plant diseases; make an annual report of known infestations of noxious weeds, insect pests, or plant diseases and compile data on areas controlled, eradicated, or u…
Colo. Rev. Stat. § 35-5-109 Owner or lessee refuses action
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When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner or lessee of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases,…
Colo. Rev. Stat. § 35-5-110 Public nuisance - abatement
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Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed and all stages thereof; their carriers; and all premises, plants, and things infested or exposed to infestation with noxious weeds, insect pests, or plant diseases with…
Colo. Rev. Stat. § 35-5-111 Reports of acreage infested - county tax levy - fund - allocation
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(1) The commissioner shall ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabul…
Colo. Rev. Stat. § 35-5-112 Pest control district on public lands - notice - charges
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(1) When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated tha…
Colo. Rev. Stat. § 35-5-113 Deputy or agent may exercise power
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Whenever any power or authority is given by this article 5 to any person, the power or authority may be exercised by any deputy or agent duly authorized by the person. Source: L. 59: p. 183, � 13. CRS 53: � 6-16-13. C.R.S. 1963: � 6-5-13. L. 2025: Entire section amended, (HB 25-1…
Colo. Rev. Stat. § 35-5-114 Liberal construction
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This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article. Source: L. 59: p. 184, � 14. CRS 53: � 6-16-14. C.R.S…
Colo. Rev. Stat. § 35-5-115 Dissolution of district
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The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that o…
Colo. Rev. Stat. § 35-5-116 Major grasshopper and range caterpillar infestations
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Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor's agricultural emergency and disaste…
Colo. Rev. Stat. § 35-5-117 Emergency measures - governor
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(1) When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, the governor shall specify the area or areas of the major infestation. Within such area or areas, the governor may direct that such emergency measures b…
Colo. Rev. Stat. § 35-5-118 Right of entry
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All persons authorized to carry out emergency measures directed under the provisions of this article shall have free access to all public and private lands, premises, and buildings within the areas specified and are authorized to enter thereon and to perform such work and take su…
Colo. Rev. Stat. § 35-5-120 Grasshopper and range caterpillar control
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(1) The board of county commissioners of each county in which the governor has declared an emergency resulting from a major grasshopper or range caterpillar infestation is hereby authorized and directed to establish a system of priorities for any operation involving the control o…
Colo. Rev. Stat. § 35-5-121 Immunity
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Neither the state or its agencies, officers, or employees nor the officers, agents, employees, or representatives of any governmental or private concern shall be liable for any claim based upon the exercise or performance or the failure to exercise or perform a function prescribe…
Colo. Rev. Stat. § 35-5-122 Costs of control operations
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(1) The costs of grasshopper or range caterpillar control operations shall be borne as follows: (a) Landowners and lessees in grasshopper or range caterpillar control districts shall assume one-third of the cost in those instances where the commissioner enters into an arrangement…
Colo. Rev. Stat. § 35-5-123 Rules and regulations
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(1) The commissioner is authorized, after opportunity for hearing and in accordance with article 4 of title 24, C.R.S., to promulgate appropriate rules and regulations concerning: (a) Payment of costs by landowners and lessees, APHIS, and the governor's agricultural emergency and…
Colo. Rev. Stat. § 35-5-124 No weed districts. (Repealed)
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Source: L. 90: Entire section added, p. 1557, � 3, effective July 1. L. 2003: Entire section repealed, p. 847, � 2, effective April 7.
Colo. Rev. Stat. § 35-5-125 Cooperation between districts
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(1) When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall …
Colo. Rev. Stat. § 35-7-201 Control and eradication of rodents
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(1) The boards of county commissioners of the several counties of this state are authorized to purchase materials and equipment and to employ one or more suitable persons to destroy jackrabbits, prairie dogs, ground squirrels, or other injurious rodents within the limits of their…
Colo. Rev. Stat. § 35-7-202 Control and eradication of predatory animals
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(1) The boards of county commissioners of the several counties of the state are authorized to purchase materials and equipment and to employ one or more suitable persons to control coyotes or other injurious predatory animals within the limits of their respective counties. Any ma…
Colo. Rev. Stat. § 35-7-203 Release of destructive rodent pests - definition
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(1) No person shall release destructive rodent pests into a county unless the person complies with all requirements for such release imposed by the parks and wildlife commission and obtains both the prior approval of the commission and the prior approval, by resolution duly adopt…
Colo. Rev. Stat. § 35-9-101 Short title
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This article shall be known and may be cited as the Pesticide Act. Source: L. 90: Entire article R&RE, p. 1559, � 1, effective June 7. Editor's note: This section is similar to former � 35-9-101 as it existed prior to 1990.
Colo. Rev. Stat. § 35-9-102 Legislative declaration
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The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly fur…
Colo. Rev. Stat. § 35-9-103 Definitions
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As used in this article 9, unless the context otherwise requires: (1) Active ingredient means: (a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; (b) In the case of a plant …
Colo. Rev. Stat. § 35-9-104 Exemptions
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(1) The provisions of this article shall not apply to: (a) Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the tran…
Colo. Rev. Stat. § 35-9-105 Exclusive jurisdiction
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Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture. Source: L. 90: Entire article R&RE, p. 156…
Colo. Rev. Stat. § 35-9-106 Pesticide registration required - exemptions
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(1) Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article. (2) The commissioner may exempt certain pesticides from the …
Colo. Rev. Stat. § 35-9-107 Pesticide registration - application - fees - expiration - rules
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(1) Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate: (a) The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pestic…
Colo. Rev. Stat. § 35-9-109 Confidentiality of inert ingredients
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(1) Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner. (2) A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-1…
Colo. Rev. Stat. § 35-9-110 Device registration - required
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(1) Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. (2) The commissioner shall designate the classes o…
Colo. Rev. Stat. § 35-9-111 Device registration - application - fees - expiration - rules
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(1) Each applicant for registration of a device shall file with the commissioner, in the form and manner the commissioner shall designate: (a) The name and address of the applicant and, if different, the name and address of the person whose name will appear on the device; (b) The…
Colo. Rev. Stat. § 35-9-112 Renewal of pesticide and device registration - fees
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(1) A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner. (2) If an appl…
Colo. Rev. Stat. § 35-9-113 Misbranded
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(1) The term misbranded shall apply: (a) To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (b) To any pesticide: (I) If it is an imitation of or …
Colo. Rev. Stat. § 35-9-114 Pesticide dealer license - required
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(1) Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto. (2) Each business location, including branch of…
Colo. Rev. Stat. § 35-9-116 Renewal of pesticide dealer license
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(1) Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee. (2) If the …